#ChequeBounceCase #chequebounce #चैकबाउन्स #criminalcase #court
#delhihighcourt #advocateyogeshaggarwal
in this video advocate yogesh aggarwal discussing complete proceedure followed in the cheque bounce case.
Why and When Cheque Bounce Notice is Issued?
The first condition is that cheque must be towards the liability.
Within a period of 6 months of validity of cheque, it should be presented by the beneficiary.
Due to insufficient funds the bank must have returned the cheque.
Within 30 days of the receipt of information from the bank regarding the insufficiency of funds, demand is raised by the payee by giving a written cheque bounce notice for the payment.
Within 15 days of the receipt of the written notice of cheque bounce, drawer fails to make payment of the said amount.
Within one month from the date cause-of-action arise, legal action is initiated.
How to Initiate Legal Action in case of Cheque Bounce?
Cheque Beneficiary issues the Cheque bounce notice by the registered post to the defaulter within a period of 30 days of cheque dishonor. The cheque bounce notice must be in a proper format consisting information regarding the transactional nature, the amount involved, the date on which cheque deposited with a bank, cheque bounce date, the reason of cheque bounce, and beneficiary made the payment request within 15 days.
Within 30 days from the expiry of the notice period of 15 days, the payee can file a criminal case in a court in case of cheque issuer made default in payment.
Complaints regarding Cheque bounce must be filed in a court of such city where the cheque was presented.
Once the case is admitted in the court, a hearing will be done and summons will be issued under Section 138 of the Negotiable Instruments Act.
Cheque defaulter would have to appear before the Court for resolution of the matter.
What is the Procedure of Cheque Bouncing?
Within the period of 30 days, demand notice is sent. On receiving demand notice, the drawer has to make payment within 15 days.
The cheque bounce notice is sent by the registered post as to create the proof of the notice sent.
In case of payment is not received within 15 days then payee can file a complaint before a magistrate within 30 days.
A complaint has to be filed in such a state where the bank is situated.
Punishment and Penalty
On receiving the complaint, along with an affidavit and relevant paper trail, the court will issue summons and hear the matter. If found guilty, the defaulter can be punished with monetary penalty which may be twice the amount of the cheque or imprisonment for a term which may be extended to two years or both. The bank also has the right to stop the cheque book facility and close the account for repeat offences of bounced cheques.
If the drawer makes payment of the cheque amount within 15 days from the date of receipt of the notice, then drawer does not commit any offence. Otherwise, the payee may proceed to file a complaint in the court of the jurisdictional magistrate within one month from the date of expiry of 15 days prescribed in the notice.
tags
negotiable instruments act
cheque bounce cases
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delhi high court
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4 фев 2023
